16 year old receives RLP letter

[Jaca1]

Hi, my 16 year old has been in a lot of trouble recently shoplifting. Three weeks ago she was arrested for shoplifting , the police were called and she was arrested and as she has had all the warnings is being taken to court. Yesterday she was caught in another store, the police were called and she was brought home, the store do not want to prosecute, although the police said that they would be using the civil recovery route. Today, however a letter arrives addressed to her from RLP on behalf of Primark, apparently last week her and a 'friend' were caught shoplifting, police once again called, although I was not informed of this. Primark did not want to prosecute. The letter demands £174.39 which is apparently a joint demand with another person on a joint and several liability basis, although it does state that they are both liable to pay the full amount between them, it does not matter who pays the claim or in what proportion, provided it is settlet in full. I have no information on the friend, only that she is 19!

 

I expect to receive at least two more of these letters from the other stores, I suppose they might wait till after the court case.

 

My aughter claims she did not take anything from Primark, apparently it was the 'friend' and we are having an extremly hard time with her at present so please don't pre judge us. I have read other responces on this forum and the general concenous seems to be either ignore completly or respond deneying liability.

 

As mentioned she is 16, not in education or work, so has no money available to pay these fines. Is it advisable to reply on her behalf, stating that she is a minor and stating we will not enter into any further correspondence with the company.

 

 

Any advice would be appreciated.

Edited December 12, 2012 by Jaca1

[Yukiko]

In relation to RLP, there's no "Law" that says you have to pay them. I very rarely used to issue them in all fairness, but being as she's 16, she fits into the criteria to be chased for this "speculative invoice".

 

So, if you don't want to pay RLP, send them a one liner, "I do not acknowledge any debt to you or your client" and ignore. They're only sent out in an attempt to recover losses across the company and as a legal way of punishing someone further. In this case, the law are punishing your daughter, rightly so - As always.

 

Obviously, court fines and costs are completely different and must be paid, but these can be paid over a payment plan.

[ScarletPimpernel]

The police are the appropriate authority for dealing with crime and criminal allegations. There is no place for a parallel system such as RLP's. What they send out purport to be claims for damages, but the legal basis for this is very shaky; they are probably better viewed as speculative invoices. They are most certainly not fines and RLP has no legal authority whatever.

 

Send them a short letter:

 

Dear Sirs

 

I refer to your letter dated xxxx. Any liability to you or any company you claim to represent is denied. No further correspondence will be entered into.

 

Yours etc.

 

Don't elaborate and don't respond to any of the long, tedious letters they will send. There is always a chance that a retailer will make a court claim (RLP can't), but it's a remote chance, particularly in the case of a minor.

 

I hope you are able to help your daughter out of her current difficulty.

[raydetinu]

any claim against a minor will fail! under 18's cannot be sued. however if they can argue parents knew what she was up to and took no steps to stop it, then they may be in the framee.

[Jaca1]

Hello, three months have now passed, due to various other instances my daughter is no longer at home. She has a referral order and hopefully getting some help with her problems. She is effectly homeless although because Social services refuse to house her is 'sofa surfing'. I hoping some time in the future she will be able to come home. The reason for me continuing with this thread is that we continue to receive letters from RLP, all have been ignored. the most recent letter states that if they don't receive payment within 21 days, they will wait until she is 18 and then write again for repayment proposals. Can the do this or is it just more threats in the hope that we just 'pay up'. I always understood that if action is taken against anyone then the action must be in line with the AGE they were when the so called action was committed. Am I right?

[honeybee13]

Hello again.

 

Someone else here had the 'we'll wait until you're 18' threat. I'll have a look for it and post a link if I find it. Hopefully the guys will be along later.

 

My best, HB

[honeybee13]

Here's on that mentions it.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?382003-little-help-with-a-few-RLP-questions...&highlight=wait+until+you+are+18

 

And this one if you start reading from post #100. I didn't notice anyone saying to pay up.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?364308-Civil-Recovery-Letter/page2&highlight=wait+until+you+are+18

 

HB

[Jaca1]

Thank you HB